When nursing homes first began applying to participate in the emerging Medicare and Medicaid programs in 1965, the United States Federal Government began developing nursing home guidelines and regulations. Since then, the U.S. Department of Health and Human Services has been granted oversight of the programs and has provided additional regulations for nursing homes to follow in providing care for their residents, including definitions and prevention guidelines for elder abuse issues. Reviews conducted by the State of Oregon to uncover abuse in nursing homes, however, are not always adequate. If you have cause to suspect that a nursing home may be in violation of patients’ rights, there are steps you can take to help remedy the situation.

A willful or reckless act by another person that has the potential to result in physical injury or death is defined as abuse. Sometimes the abuse may only be found in the failure to take action to prevent injury or death, as in neglect. Bruises, broken bones, or a sudden decline or change in physical or mental health are warning signs that a resident may be in an abusive situation. The State of Oregon operates under laws designed to protect nursing home residents from abuse.

Hitting, punching, slapping, poking, or pinching of a nursing home resident are examples of some types of physical abuse that are against the law. A resident also has the right to sexual privacy. Body parts are touched or exposed for the purpose of anyone’s sexual gratification, without the resident’s expressed and informed consent is sexual abuse.

Caregivers in the nursing home environment are not allowed to use threats of punishment, humiliate, or harass a resident. These have been defined to be emotionally abusive. Additionally, even if the patient’s mental state or disability prevents comprehension, verbal, written or gestured messages that convey a negative or belittling message are considered abusive. Preventing a resident from interacting with other residents or have access to his/her room except under brief, monitored circumstances and to do so is considered to be a form of mental abuse.

In the event that you have reason to believe that someone in a nursing home is in life threatening danger from any type of abuse, you should immediately call 911 or the local law enforcement agency. If you believe a situation is not an emergency but suspect that abuse is occurring nevertheless, it is appropriate for you to contact either the Oregon Health Division or an Elder/Nursing Home Abuse Attorney who is experienced providing counsel and protecting the rights of nursing home residents.

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